Conveyancers Act 2006 (Vic)

Version No. 020

Conveyancers Act 2006

No. 75 of 2006

Version incorporating amendments as at

25 November 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

4What is conveyancing work?

5Disqualified persons

6Associate of a licensee

7Failure to account

Part 2—Licensing of conveyancers

Division 1—Requirement for licensing

8Conveyancers to be licensed

9Causing, permitting, aiding or abetting another to engage in unlicensed conveyancing

10Person pretending to be licensee or authorised person

Division 2—Eligibility and qualifications

11Eligibility for licence

12Competency qualifications and work experience

Division 3—Applying for a licence

13Person may apply to Authority for licence

14Information to be included with application by natural person

15Information to be included with application by company

16Change to information in application

17Applications after refusal

Division 4—Investigation of applicants

18Authority may conduct inquiries and require further information

19Consent to disclosure of information

20Referral of applications to Director

21Referral of applications to Chief Commissioner

Division 5—Determination of applications and conditions

22Granting or refusing to grant licence

23Conditions

24Conditions relating to specified transactions

25Licensee must comply with conditions

Division 6—Becoming disqualified

26Becoming a disqualified person

27Company that ceases to have licensed director

28Action of Authority

Division 7—Permission to hold licence

29Person involved in claim may be allowed to hold licence in exceptional circumstances

30Person with criminal record may be allowed to hold licence

31Company may be allowed to hold licence despite disqualifying factors

32Conditions on permission

Division 8—Inquiries and cancellation

33Inquiries into conduct of licensees

34Determination of VCAT on inquiry

Division 9—General

35Annual licence fee and statement

36Extension of time

37Failure to comply with section 35

38Change in details of licence or annual statement

40Lost licences

40ASurrender of licence

Part 3—Professional indemnity insurance

41Licensee required to insure

42Disclosure of insurance to clients

43Licensee ceases to hold insurance

44Insurer may give notice of cancellation

Part 4—Conduct and management of conveyancing businesses

Division 1—Conduct of licensees

45Conduct rules

46Continuing professional development

47Costs disclosure

48Exception to requirement for costs disclosure

49Conflicts of interest

50Licensee not to act as conveyancer and estate agent

Division 2—Management of conveyancing businesses

51Supervision of conveyancing business

52Exemption from requirement to appoint manager

53Offence to procure contravention of section 51

54Management of places of business

55Absence of licensee or manager

56Employment of disqualified persons

Division 3—General

57Principal place of business

58Record keeping

59Displaying information and licence at places of business

61Production of licence

Part 5—Trust money and trust accounts

Division 1—Preliminary

62Definitions

63When money is received

64Written direction for controlled money

65Former licensees and associates

Division 2—Trust accounts and trust money

66Maintenance of general trust account

67Trust account details to be notified to Director

68Certain trust money to be deposited in general trust account

69Holding, disbursing and accounting for trust money

70Manner of withdrawal of trust money from general trust account

71Controlled money

72Manner of withdrawal of controlled money from controlled money account

73Transit money

73ATrust money subject to specific powers

74Trust money received in the form of cash

75Protection of trust money

76Intermixing money

77Dealing with trust money: costs and unclaimed money

78Deficiency in trust account

79Reporting irregularities

80Keeping trust records

81False names

82Reporting trust balances to the Director

Division 3—Audit

83Approval of auditors

84Annual audit of trust records

85Annual report of trust records audit or statutory declaration

86Final audit of trust records

87Report of irregularities

88Disclosure of information generally

89Director's supervisory role in audits

90Courses of education for auditors

Division 4—Provisions relating to ADIs

91Arrangements with ADIs

92ADIs to notify Director of trust accounts

93Reports, records and information

94Freezing of trust accounts of licensee

Part 6—External intervention

Division 1—Preliminary

95Definitions

Division 2—Statutory managers

96Appointment of statutory manager

97Eligibility for appointment as statutory manager

98Powers of statutory manager

99Dealings with trust accounts during statutory management

100Statutory management continues under receivership

101Acts of statutory manager taken to be acts of licensee

102Reimbursement of statutory manager

103Payment of expenses of statutory management

104Statutory manager to report to Director

105Trust and controlled money rules for statutory manager

106Office accounts

107Appointment not affected by death of licensee

108Participation of licensee in conveyancing business during statutory management

109Cessation of appointment of statutory manager

Division 3—Receivers

110Supreme Court may appoint receiver

111Eligibility for appointment as receiver

112Court may order that proceedings be closed

113Court may prohibit publication of proceedings

114Director to serve notice of order of appointment

115Receivership may extend to property of associates

116Participation of licensee in conveyancing business during receivership

117Receiver may take possession of property

118Information about receivable property

119Stop order on account

120Improper dealings with receivable property

121Recovery of compensation for disposal of receivable property

122Receiver may give certificate

123Receiver taken to be beneficially entitled

124Receiver may deal with property

125Other powers of receiver

126Notice to claim receivable property

127Lien for costs on receivable property

128Examination by receiver

129Property not dealt with during receivership

130Investment of money by receiver

131Receiver may be reimbursed for damages

132Payment of expenses of receivership

133Supreme Court may review expenses of receivership

134Receivable property not to be attached

135Applications for directions by receiver, licensee or associate

136Supreme Court may give general directions to receiver

137Receiver to report to Supreme Court and Director

138Termination of appointment of receiver

Division 4—General

139Relationship of Act to Corporations legislation

140External administration proceedings under Corporations Act

141Incorporated licensee that is subject to external intervention under this Act and external administration under the Corporations Act

142Offence to hinder or obstruct statutory manager or receiver

Part 7—Compensation from the Victorian Property Fund

143Definitions

144Right to claim against Fund in respect of pecuniary loss

145Claims against the Fund

146Review of decision of Secretary to disallow claim

147Power of Secretary to require production of securities, documents or information

148Subrogation of Secretary to rights of claimant on payment from Fund

149Secretary may enter into contract of insurance or indemnity

150Application of insurance moneys

151Money required to be paid into the Fund

Part 8—Enforcement

Division 1—Preliminary

152Production of identity card

Division 2—Inspection of documents and records

153Documents to be available for inspection

154Specified persons to produce documents and answer questions

155Third parties to produce documents and answer questions relating to conveyancing business

156Specified public bodies to produce information

157Certain other specified persons or bodies to produce information

158ADIs to produce documents and information

159Powers on production of documents

160Where must documents be produced?

161Order requiring supply of information and answers to questions

162Service of documents

Division 3—Entry, search and seizure

163Entry or search with consent

164Entry without consent or warrant

165Search warrants

166Announcement before entry

167Seizure of things not mentioned in the warrant

168Embargo notice

169Inspector may monitor compliance with embargo notice

170Retention and return of seized documents or things

171Magistrates' Court may extend 3 month period

172Requirement to assist inspector during entry

172ARefusal or failure to comply with requirement

Division 4—General

173Offence to give false or misleading information

174Confidentiality

175Infringements

176Protection against self-incrimination

177Complaints

Part 9—Administration

178Register of Licensed Conveyancers

179Production of information to Authority

180Verification of details supplied to Authority

181Offence to give false or misleading information

182Delegation

182ARegistrar may waive fees

Part 10—General

183Application of Australian Consumer Law and Fair Trading Act 2012

184Service of documents

185Who may bring proceedings?

186Extension of time for prosecutions

187Application for review

188Regulations

Part 11—Repeals, amendments, savings and transitional provisions

191Savings and transitional provisions

192Transitional regulations—Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025

Schedules

Schedule 1—Savings and transitional provisions

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 020

Conveyancers Act 2006

No. 75 of 2006

Version incorporating amendments as at

25 November 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to protect the interests of consumers of conveyancing services by regulating the carrying out of conveyancing work by persons other than Australian legal practitioners;

(b)to repeal Part 7.1 of the Legal Profession Act 2004;

(c)to make consequential amendments to other Acts.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 July 2008, it comes into operation on that day.

3Definitions

In this Act—

affairsof a licensee include the following—

(a)all accounts and records required under this Act or the regulations to be maintained by the licensee or an associate or former associate of the licensee;

(b)other records of the licensee or an associate or former associate of the licensee;

(c)any transaction—

(i)to which the licensee or an associate or former associate of the licensee was or is a party;

(ii)in which the licensee or an associate or former associate of the licensee has acted for a party

annual statement means a statement required under section 35(3);

associate of a licensee has the meaning given in section 6;

Australian Business Number has the same meaning as in the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth;

*                *                *                *                *

Authority has the same meaning as in the Business Licensing Authority Act 1998;

Chief Commissioner means the Chief Commissioner of Police appointed under the Victoria Police Act 2013;

company means a company registered under the Corporations Act;

Consumer Act has the same meaning as in the Australian Consumer Law and Fair Trading Act 2012;

controlled money has the meaning given in section 62;

controlled money account has the meaning given in section 62;

conveyancing business means any business in the course of which conveyancing work is carried out for fee or reward, whether or not the carrying out of conveyancing work is the sole or dominant purpose of the business;

conveyancing work has the meaning given in section 4;

defalcation means any theft, embezzlement, failure to account, fraudulent misappropriation or other act punishable by imprisonment of or in relation to money or any other property;

Director has the same meaning as in the Australian Consumer Law and Fair Trading Act 2012;

director has the same meaning as in the Corporations Act;

disqualified person has the meaning given in section 5;

estate agent has the same meaning as in the Estate Agents Act 1980;

failure to account has the meaning given in section 7;

Fund means the Victorian Property Fund established under section 72 of the Estate Agents Act 1980;

incorporated legal practice has the same meaning as in the Legal Profession Uniform Law (Victoria);

inspectormeans an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012;

legal work means work that, if done by a person who is not a qualified entity within the meaning of the Legal Profession Uniform Law (Victoria), would give rise to an offence against a provision of Part 2.1 of that Law;

licence means a licence granted under Part 2 to carry on a conveyancing business;

licensee means a person who holds a licence other than a licence that is suspended;

police officer has the same meaning as in the Victoria Police Act 2013;

principal place of business of a licensee, means the principal place at which the licensee carries on the licensee's conveyancing business and, if the licensee conducts their conveyancing business at one place only, means that place;

receiver means a receiver appointed by the Supreme Court under Division 3 of Part 6;

Register means the Register of Licensed Conveyancers established under section 178;

*                *                *                *                *

registered office, in relation to a company, has the same meaning as in the Corporations Act;

Registrar means the Registrar of the Authority under the Business Licensing Authority Act 1998;

Secretarymeans the person for the time being holding the office of Secretary to the Department of Justice under the Public Administration Act 2004;

statutory manager means a statutory manager appointed by the Director under Division 2 of Part 6;

trust account has the meaning given in section 62;

trust money has the meaning given in section 62;

trust records has the meaning given in section 62.

4What is conveyancing work?

(1)In this Act, conveyancing work means legal work carried out in connection with any transaction that creates, varies, transfers, conveys or extinguishes a legal or equitable interest in any real or personal property, such as, for example, any of the following transactions—

(a)the sale of a freehold interest in land;

(b)the creation, sale or assignment of a leasehold interest in land;

(c)the grant of a mortgage or other charge.

(2)Without limiting subsection (1), conveyancing work includes—

(a)legal work involved in preparing any document (such as an agreement, conveyance, transfer, lease or mortgage) that is necessary to give effect to a transaction of a kind referred to in subsection (1); and

(b)legal work (such as the giving of advice or the preparation, perusal, exchange or registration of documents) that is consequential or ancillary to a transaction of a kind referred to in subsection (1); and

(c)any other legal work that is prescribed by the regulations as constituting conveyancing work for the purposes of this Act.

(2A)In this Act, conveyancing work also means legal work connected with the sale of a business, including the sale of goodwill and stock-in-trade and the transfer of any business licence.

(3)However, conveyancing work does not include—

(a)legal work carried out for the purpose of—

(i)commencing or maintaining legal proceedings; or

(ii)applying for a grant of probate or letters of administration; or

(iii)establishing a corporation or varying the constitution of a corporation; or

(iv)creating, varying or extinguishing a trust; or

(v)preparing a testamentary instrument; or

(vi)giving investment or financial advice; or

(vii)investing money otherwise than as provided for in Part 5; or

*                *                *                *                *

(c)the provision of legal advice in relation to—

(i)obtaining the consent of a person or body under an Act or regulations to the development or use of land; or

(ii)an application for an order under Division 5 of Part IV of the Transfer of Land Act 1958; or

(d)work prescribed by the regulations as not constituting conveyancing work for the purposes of this Act.

(4)In this section, in relation to land, development and use have the same meanings respectively as in the Planning and Environment Act 1987.

5Disqualified persons

In this Act, a person is a disqualified person if the person is any of the following—

(a)a disqualified person within the meaning of the Legal Profession Uniform Law (Victoria);

(b)the subject of an order by a body within or outside of Victoria that disqualifies the person from carrying on a conveyancing business;

(c)a director of a company that is a disqualified person;

(d)an insolvent under administration;

(e)an externally-administered body corporate within the meaning of the Corporations Act;

(f)subject to Division 7 of Part 2, a person in relation to whom a claim against the Fund has been allowed;

(g)subject to Division 7 of Part 2, if a claim against the Fund has been allowed in relation to a company, a person who was a director of, or otherwise concerned in the management of, the company at the time of the incident that gave rise to the claim;

(h)a person who is a represented person within the meaning of the Guardianship and Administration Act 2019;

(i)subject to Division 7 of Part 2, a person who has, within the last 10 years in Australia or elsewhere, been convicted or found guilty of any offence involving fraud, dishonesty, drug trafficking or violence which was punishable by imprisonment for 3 months or more (whether or not a sentence of imprisonment was imposed).

6Associate of a licensee

(1)In this Act, associate of a licensee means—

(a)a partner of the licensee; or

(b)an employee or agent of the licensee; or

(c)a company, or a member of a company, partnership, syndicate or joint venture, in which the licensee or a person referred to in paragraph (a), (b) or (d) has a beneficial interest; or

(d)a person who bears a prescribed relationship to the licensee or to a person referred to in paragraphs (a) to (c); or

(e)a company that (if a person referred to in paragraphs (b) to (d) is a company) is a subsidiary of the person within the meaning of the Corporations Act; or

(f)a person declared by the regulations to be an associate of the licensee or belonging to a class of persons so declared.

(2)For the purposes of subsection (1)(d), a person bears a prescribed relationship to a licensee or other person if the relationship is that of—

(a)a spouse of the licensee or other person; or

(b)a domestic partner of the licensee or other person; or

(c)a child, grandchild, sibling, parent or grandparent, whether derived through paragraph (a) or (b) or otherwise; or

(d)a kind prescribed by the regulations for the purposes of this section.

(3)In subsection (2)(b), domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender).

(4)For the purposes of the definition of domestic partner in subsection (3)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

7Failure to account

(1)In this Act, a failure to account means a failure by a licensee to account for, pay or deliver money or other valuable property—

(a)that has been received or entrusted to the licensee, or an associate of the licensee, in the course of the licensee's conveyancing business; and

(b)in the case of money or other valuable property received by or entrusted to an associate of the licensee, that is under the direct or indirect control of the licensee—

whether the failure arises from an act or omission of the licensee or an associate of the licensee.

(2)For the purposes of subsection (1), the reference to money or other valuable property received by or entrusted to a licensee includes a reference to money or other valuable property received by or entrusted to the licensee as trustee, agent, bailee or stakeholder, or in any other capacity.

PART 2—LICENSING OF CONVEYANCERS

Division 1—Requirement for licensing

8Conveyancers to be licensed

(1)A person who is not a licensee must not carry on a conveyancing business.

Penalty:For a natural person, imprisonment for a period of 2 years or 240 penalty units;

For a corporation, 1200 penalty units.

(2)Subsection (1) does not apply to a person who is—

(a)an Australian legal practitioner; or

(b)an incorporated legal practice if the conveyancing work is carried out on its behalf by an Australian legal practitioner.

(3)In any proceedings against a person for an offence against subsection (1), it is evidence of the offence if a person who is not a licensee—

(a)has possession of a licence; or

(b)represents himself or herself as the holder of a licence.

(4)A person is not entitled to recover any amount in respect of anything the person did in contravention of subsection (1).

(5)A person may recover from another person in a court of competent jurisdiction, as a debt due to the person, any amount the person paid to the other person in respect of anything the other person did in contravention of subsection (1).

9Causing, permitting, aiding or abetting another to engage in unlicensed conveyancing

(1)A person must not cause, permit, aid or abet a person who is not a licensee to carry on a conveyancing business.

Penalty:For a natural person, 240 penalty units;

For a corporation, 1200 penalty units.

(2)Subsection (1) does not apply to a person if the person carrying on the conveyancing business is—

(a)an Australian legal practitioner; or

(b)an incorporated legal practice and the conveyancing work is carried out on its behalf by an Australian legal practitioner.

(3)It is a defence to a prosecution for an offence against subsection (1) to prove that the accused—

(a)took all reasonable steps to prevent the person who is not a licensee from carrying on a conveyancing business; or

(b)did not know and could not reasonably have been expected to have known that the person who is not a licensee was representing themselves as a licensee.

(4)If a licensee is convicted of an offence under subsection (1), in addition to any penalty, the court—

(a)must order that the licensee's licence be cancelled and delivered up to the court; and

(b)may order that the licensee be disqualified either permanently or for the period specified by the court from holding a licence.

(5)If a licence is delivered up to a court under this section, the licence and a copy of any order of the court relating to the licence must be sent as soon as practicable by the proper officer of the court to the Authority.

10Person pretending to be licensee or authorised person

A person who is not a licensee must not make a representation to the public stating or implying that the person is a licensee or is otherwise authorised under this Act to carry on a conveyancing business.

Penalty:120 penalty units.

Division 2—Eligibility and qualifications

11Eligibility for licence

(1)A natural person, other than an Australian legal practitioner, is eligible to obtain a licence if he or she—

(a)is at least 18 years of age; and

(b)has the competency qualifications and work experience referred to in section 12 for the issue of the licence; and

(c)is not a disqualified person; and

(d)either—

(i)is covered by the professional indemnity insurance required under section 41; or

(ii)if the person is, or is to be, employed by a licensee, holds evidence of employment with, or an offer of employment from, the licensee and evidence that the person will be covered by the professional indemnity insurance required of the licensee under section 41; and

(e)has paid the prescribed application fee and the prescribed licence fee.

(2)A company, other than an incorporated legal practice, is eligible to obtain a licence if—

(a)at least one of the directors of the company is a licensee; and

(b)no director of the company is a disqualified person; and

(c)the company holds the professional indemnity insurance required under section 41; and

(d)the company has paid the prescribed application fee and the prescribed licence fee.

12Competency qualifications and work experience

(1)An applicant for a licence has the competency qualifications and work experience required of a licensee under section 11(1)(b) if the applicant has the qualifications and experience prescribed by the regulations.

(2)Without limiting the power to prescribe qualifications and experience, regulations under subsection (1) may—

(a)require the completion of a course of study;

(b)require the completion of a period of training;

(c)require the attainment of a standard of competency;

(d)require satisfaction of professional development requirements;

(e)prescribe qualifications for specified competencies, so as to enable a person who has those qualifications to be granted a licence subject to conditions that limit the person to exercising the functions of a licensee in relation to those specified competencies only;

(f)prescribe qualifications by reference to qualifications obtained before a specific day or during a specified period.

Division 3—Applying for a licence

13Person may apply to Authority for licence

(1)A natural person or a company may apply to the Authority for a licence.

(2)An application for a licence must be in the form approved by the Authority and be accompanied by the prescribed application fee and the prescribed licence fee.

14Information to be included with application by natural person

An applicant who is a natural person must include the following information with the application—

(a)the full name and residential address of the applicant;

(b)the proposed name of the applicant's conveyancing business or the name of the employer or proposed employer of the applicant;

(c)the address of the applicant's principal place of business in Victoria;

(d)if the applicant intends to carry on a conveyancing business at more than one place, the address, and the name of the proposed manager, of each other intended place of that business;

(e)the applicant's Australian Business Number;

(f)if the applicant intends to maintain an Internet site in relation to the applicant's conveyancing business, the address for the Internet site;

(g)if the applicant intends to carry on a conveyancing business in partnership, the names of the proposed partners;

(h)if the applicant intends to employ other licensees in the applicant's conveyancing business, the names of the other licensees;

(i)details of the applicant's competency qualifications and experience referred to in section 12;

(j)details of the professional indemnity insurance (including the level of insurance) held by the applicant or the evidence referred to in section 11(1)(d)(ii);

(k)the prescribed information (if any);

(l)a statement by the applicant to the effect that the information provided with the application is true and correct.

15Information to be included with application by company

(1)An applicant that is a company must include the following information with the application—

(a)the name of the company;

(b)the proposed name of the company's conveyancing business;

(c)the address of the company's principal place of business in Victoria;

(d)the address of the registered office of the company;

(e)the full name and residential address of each director of the company;

(f)a statement setting out which of the directors of the company are licensees;

(g)if the company intends to carry on a conveyancing business at more than one place, the address, and the name of the proposed manager, of each other intended place of that business;

(h)if the company intends to employ other licensees in the company's conveyancing business, the names of the other licensees;

(i)if the company intends to maintain an Internet site in relation to its conveyancing business, the address for the Internet site;

(j)details of the professional indemnity insurance (including the level of insurance) held by the company;

(k)the prescribed information (if any).

(2)A company applying for a licence must also include with the application a statement made by one of the directors of the company certifying that—

(a)the director has authority to make the application on behalf of the company; and

(b)the information provided with the application is true and correct.

16Change to information in application

(1)An applicant for a licence must—

(a)give the Authority notice of any material change during the relevant period to the information provided to the Authority by the applicant in support of the application; and

(b)provide the notice referred to in paragraph (a) within 14 days after becoming aware of the change.

Penalty:60 penalty units.

(2)In this section—

material change includes a change of directors of an applicant that is a company;

relevant period means the period between the making of an application for a licence and the determination of the application by the Authority.

17Applications after refusal

If the Authority refuses an application for a licence, the applicant is not entitled to lodge another application for a licence until the end of 2 years after the refusal unless the Authority otherwise permits in a particular case.

Division 4—Investigation of applicants

18Authority may conduct inquiries and require further information

(1)In considering an application for a licence, the Authority may—

(a)conduct any inquiries in relation to the application that it thinks fit; and

(b)require an applicant to provide further information in relation to the application.

(2)The Authority may refuse to grant a licence if the applicant fails to comply with a requirement under subsection (1)(b) within a reasonable time after the requirement is made.

19Consent to disclosure of information

(1)In considering an application for a licence, the Authority may request the applicant to provide any consent to disclosure of information that the Authority requires to perform, or to have performed, a check on the applicant or on any information included with the applicant's application.

(2)The Authority may refuse to consider an application for a licence if the applicant fails to comply with a request under subsection (1) within 14 days after the request is made.

(3)In this section, in the case of an applicant that is a company, a reference to an applicant includes a reference to a director of the applicant.

20Referral of applications to Director

(1)Before making a decision on an application for a licence, the Authority may refer the application, or any part of the application, to the Director.

(2)If the Authority refers an application, or any part of an application, to the Director under this section, the Director—

(a)may make any inquiries in relation to the application or part that the Director considers to be appropriate to enable the proper consideration of the application; and

(b)must give the Authority a report on the results of those inquiries.

(3)The Director may include in a report any recommendations relating to the application that the Director considers appropriate.

21Referral of applications to Chief Commissioner

(1)Before making a decision on an application for a licence, the Authority must give any details of the application that the Authority considers relevant to the Chief Commissioner.

(2)The Chief Commissioner, on receiving details of the application, must make any inquiries in relation to the application that the Chief Commissioner considers appropriate.

(3)The Chief Commissioner, after receiving the results of the inquiries, must report to the Authority.

(4)A report may include recommendations.

Division 5—Determination of applications and conditions

22Granting or refusing to grant licence

(1)The Authority must grant a licence to an applicant if the Authority is satisfied that the applicant is eligible under this Act to hold the licence.

(2)The Authority must refuse to grant a licence if the Authority is satisfied that the applicant is ineligible under this Act to hold the licence.

(3)If the Authority refuses to grant a licence, the Authority must refund the prescribed licence fee to the applicant.

(4)A licence must be in the form approved by the Authority, and must include the number of the licence.

(5)The Authority is not required to conduct a hearing to determine whether to grant a licence or refuse to grant a licence.

23Conditions

(1)The Authority may at any time impose, vary or revoke any conditions on a licence that the Authority thinks fit.

(2)If the Authority proposes to impose a new condition, or to vary or revoke a condition, on a licence, the Authority may require the relevant licensee to give the licence to the Authority.

(3)A licensee must comply with a requirement of the Authority under subsection (2) within the time specified by the Authority.

Penalty:10 penalty units.

24Conditions relating to specified transactions

(1)Conditions imposed on a licence under section 23 may include—

(a)a condition prohibiting a licensee from carrying out conveyancing work in relation to specified kinds of transactions; or

(b)a condition prohibiting a licensee from carrying out conveyancing work except in relation to specified kinds of transactions—

until the licensee completes a course of education or training relating to specified competencies.

(2)This section does not limit any condition that may be imposed under section 23.

25Licensee must comply with conditions

A licensee must comply with any conditions to which the licence is subject.

Penalty:120 penalty units.

Division 6—Becoming disqualified

26Becoming a disqualified person

If a licensee becomes a disqualified person, the licensee must immediately notify the Authority of that fact.

Penalty:For a natural person, 240 penalty units;

For a company, 1200 penalty units.

27Company that ceases to have licensed director

If a licensee that is a company ceases to have at least one director who is a licensee, the company must immediately notify the Authority of that fact.

Penalty:1200 penalty units.

28Action of Authority

(1)If the Authority becomes aware that a licensee has become a disqualified person, or that a licensee that is a company has ceased to have at least one director who is a licensee, the Authority must—

(a)cancel the licensee's licence immediately; or

(b)if the licensee has applied for an appropriate permission under Division 7, consider the application; or

(c)if applicable, invite the licensee to apply for an appropriate permission under Division 7.

(2)If a licensee in receipt of an invitation under subsection (1)(c) wishes to apply for an appropriate permission under Division 7, the licensee must make the application within 30 days after receiving the invitation, or within a different period specified by the Authority in the invitation.

(3)If an application referred to in subsection (2) is not received by the Authority within the time allowed by that subsection, the Authority must cancel the licensee's licence.

(4)After considering an application referred to in subsection (1)(b) or (2), the Authority must—

(a)in accordance with Division 7, grant the permission sought; or

(b)refuse to grant the permission sought and cancel the licensee's licence.

Division 7—Permission to hold licence

29Person involved in claim may be allowed to hold licence in exceptional circumstances

(1)This section applies to the following persons—

(a)a natural person in relation to whom a claim has been allowed against the Fund;

(b)a director of, or a person concerned in the management of, a company in relation to which a claim has been allowed against the Fund.

(2)The person may apply to the Authority for permission to hold, or to continue to hold, a licence.

(3)An application under this section must—

(a)be in the form approved by the Authority; and

(b)contain the information required by the Authority; and

(c)be accompanied by the documents required by the Authority; and

(d)be accompanied by the prescribed fee (if any).

(4)In considering an application under this section, the Authority may—

(a)conduct any inquiries it thinks fit;

(b)require the applicant to provide any further information relating to the application that the Authority thinks fit in the manner required by the Authority;

(c)seek advice and information on the application from any other person or body as the Authority thinks fit.

(5)The Authority may refuse to give its permission if the applicant does not provide the further information required, or his or her consent for the Authority to obtain that information, within a reasonable time after the requirement is made.

(6)The Authority may give its permission if it is satisfied—

(a)that the applicant has refunded, or has made arrangements to refund, all amounts paid out of the Fund in respect of the claim; and

(b)that there were exceptional circumstances which gave rise to the claim against the applicant; and

(c)that, having regard to the conduct of the applicant before and after the claim, there is no reasonable expectation that the applicant will not comply with this Act and the regulations in future; and

(d)that the giving of the permission is not contrary to the public interest.

30Person with criminal record may be allowed to hold licence

(1)This section applies to a natural person who has, within the last 10 years in Australia or elsewhere, been convicted or found guilty of any offence involving fraud, dishonesty, drug trafficking or violence which was punishable by imprisonment for 3 months or more (whether or not a sentence of imprisonment was imposed).

(2)The person may apply to the Authority for permission to hold, or to continue to hold, a licence.

(3)An application under this section must—

(a)be in the form approved by the Authority; and

(b)contain the information required by the Authority; and

(c)be accompanied by the documents required by the Authority; and

(d)be accompanied by the prescribed fee (if any).

(4)In considering an application under this section, the Authority may—

(a)conduct any inquiries it thinks fit;

(b)require the applicant to provide any further information relating to the application that the Authority thinks fit in the manner required by the Authority;

(c)seek advice and information on the application from any other person or body as the Authority thinks fit.

(5)The Authority may refuse to give its permission if the applicant does not provide the further information required, or his or her consent for the Authority to obtain that information, within a reasonable time after the requirement is made.

(6)The Authority may give its permission if it is satisfied that it is not contrary to the public interest for it to do so.

31Company may be allowed to hold licence despite disqualifying factors

(1)A company may apply to the Authority for permission to hold, or to continue to hold, a licence even though—

(a)it ceases to have at least one director who is a licensee; or

(b)it, or one of its directors, is a person in relation to whom a claim has been allowed against the Fund; or

(c)it has been convicted or found guilty of an offence involving fraud, dishonesty, drug trafficking or violence that, if it was a natural person, would be punishable by imprisonment for 3 months or more; or

(d)one of its directors is a person who has, within the last 10 years in Australia or elsewhere, been convicted or found guilty of any offence involving fraud, dishonesty, drug trafficking or violence which was punishable by imprisonment for 3 months or more, but who is still eligible to be a director of the company under the Corporations Act despite the conviction or finding of guilt.

(2)An application must—

(a)be in the form approved by the Authority; and

(b)contain the information required by the Authority; and

(c)be accompanied by any documents required by the Authority; and

(d)be accompanied by the prescribed fee (if any).

(3)The Authority may give its permission if it is satisfied—

(a)that the giving of the permission is not contrary to the public interest; and

(b)in the case of an application made in the circumstances described in subsection (1)(b)—

(i)that the applicant has refunded, or has made arrangements to refund, all amounts paid out of the Fund in respect of the claim; and

(ii)that there were exceptional circumstances which gave rise to the claim against the applicant; and

(iii)that, having regard to the conduct of the applicant before and after the claim, there is no reasonable expectation that the applicant will not comply with this Act and the regulations in future; and

(c)in the case of an application made in the circumstances described in subsection (1)(b) involving a director or in subsection (1)(d), that there is a substantive reason why that person should remain a director of the company.

(4)In considering an application, the Authority may—

(a)conduct any inquiries it thinks fit;

(b)require the applicant to provide any further information relating to the application that the Authority thinks fit in the manner required by the Authority;

(c)seek advice and information on the application from any other person or body as it thinks fit.

(5)The Authority may refuse to give its permission if the applicant does not provide the further information required, or any consent needed by the Authority to obtain that information, within a reasonable time after the requirement is made.

32Conditions on permission

(1)In giving its permission under section 29, 30 or 31, the Authority may impose any conditions it considers appropriate to ensure the ongoing protection of the public interest.

(2)The Authority may at any time impose conditions in respect of the permission or vary or revoke any conditions it has previously imposed.

(3)A person to whom permission has been given must comply with any conditions to which the permission is subject.

Penalty:25 penalty units.

(4)If the Authority is satisfied that any condition imposed in respect of a permission has been contravened or not complied with, it may revoke the permission.

(5)Before taking any action under this section, the Authority may seek and use information and advice from any person or body or other source as it thinks fit.

Division 8—Inquiries and cancellation

33Inquiries into conduct of licensees

(1)At any time the Director may apply to VCAT for the holding of an inquiry to determine whether a licensee—

(a)has contravened or failed to comply with this Act or the regulations; or

(b)has contravened or failed to comply with the Sale of Land Act 1962; or

(c)remains eligible to hold a licence; or

(d)is guilty of conduct that renders the licensee unfit to hold a licence; or

(e)improperly obtained, or is improperly holding, a licence.

(2)In the case of a licensee that is a company, at any time the Director may, in addition to making an application under subsection (1), apply to VCAT for the holding of an inquiry to determine whether a director of the licensee—

(a)has contravened or failed to comply with this Act or the regulations; or

(b)has contravened or failed to comply with the Sale of Land Act 1962 or failed to pay a fine imposed on him or her under that Act; or

(c)is guilty of conduct that renders the licensee unfit to hold a licence; or

(d)improperly obtained, or is improperly holding, a licence.

34Determination of VCAT on inquiry

(1)After conducting an inquiry in respect of a licensee under section 33, VCAT, if it considers it appropriate, may, by order, do any one or more of the following—

(a)reprimand the licensee;

(b)require the licensee to comply within, or for, a specified time with a requirement specified by VCAT;

(c)cancel any licence held by the licensee and disqualify the licensee either permanently or for a specified period from holding a licence;

(d)suspend any licence held by the licensee for a specified period not exceeding one year;

(e)impose any condition or limitation on any licence held by the licensee;

(f)declare any person to be ineligible to hold a licence either temporarily or permanently;

(g)require the licensee to enter into an undertaking to perform, or not to perform, certain tasks specified in the undertaking.

(2)In addition to the powers conferred by subsection (1), if VCAT determines that the licensee has contravened or failed to comply with this Act or the regulations, it may impose a penalty not exceeding $5000 on the licensee and specify when the penalty must be paid.

(3)Any penalty imposed under subsection (2) must be paid into the Fund.

(4)If a licensee fails to pay a penalty imposed under subsection (2) by the required date, VCAT may, without giving the licensee an opportunity to be heard—

(a)suspend the licence until the penalty is paid; and

(b)cancel the licence if the penalty has still not been paid after the end of a further period of time equal to the initial period of time the licensee had in which to pay the penalty.

(5)A reference to a licensee in this section includes a reference to any person who was a licensee at the time of any breach or alleged breach of a law, even if the person is not a licensee at the time any action is taken under this Act.

(6)If VCAT cancels or suspends a licence under this section, the cancellation or suspension takes effect on the date specified by VCAT.

(7)If VCAT cancels or suspends a licence under this section, the person to whom the licence was issued must return the licence to the Authority within the period specified by VCAT, or within the period of 14 days, whichever is shorter.

Penalty:60 penalty units.

Division 9—General

35Annual licence fee and statement

(1)A licensee must pay to the Authority the prescribed annual licence fee on the anniversary of the day on which the licensee was last granted a licence under this Act.

(2)An annual licence fee may be paid at any time in the 6 weeks before it falls due.

(3)The payment must be accompanied by a statement in respect of the year up to the day that the payment is made that is in a form approved by the Authority.

(4)The annual statement must—

(a)contain any information required by the Authority; and

(b)be accompanied by—

(i)evidence that the licensee will be covered by the required professional indemnity insurance for the next 12 months; and

(ii)any other documents required by the Authority.

36Extension of time

(1)On payment of the prescribed fee (if any), a licensee may apply to the Authority for an extension of time, or a further extension of time, in which to comply with section 35.

(2)The Authority may grant the application if it is made before the day in relation to which the extension is sought.

37Failure to comply with section 35

(1)If a licensee fails to comply with section 35, the Authority must give the licensee a written notice stating that unless the licensee complies with that section and also pays to the Authority the prescribed late payment or lodgement fee by the day specified in the notice, the licensee's licence will be suspended.

(2)The date specified in the notice must be at least 14 days after the day on which the notice is given to the licensee.

(3)If the licensee has not complied with section 35 and paid the late payment or lodgement fee by the day specified in the notice, the Authority must suspend the licensee's licence until the licensee complies with section 35 and pays the late payment or lodgement fee.

(4)A licensee's licence is cancelled on the next anniversary of the day on which the licence was granted if—

(a)the licence has been suspended under subsection (3); and

(b)section 35 has not been complied with and the late payment or lodgement fee has not been paid.

38Change in details of licence or annual statement

If, while a licence is in force, a material change occurs in any of the details provided in the application for the licence or an annual statement, the licensee must give the Authority written notice of the change within 14 days after the licensee becomes aware of the change.

Penalty:60 penalty units.

*                *                *                *                *

40Lost licences

If the Registrar is satisfied that a licence has been lost or destroyed, the Registrar, on payment of the prescribed fee, may issue a duplicate licence.

40ASurrender of licence

(1)Subject to subsection (2), a licensee may at any time by notice in writing to the Authority surrender the licence.

(2)If an application has been made to VCAT to conduct an inquiry under section 33 in relation to a licensee, the licensee may not, without leave of VCAT, surrender the licence unless VCAT has determined to take action under section 34 or has determined not to take any action.

(3)The person who held a licence that has been surrendered must return the licence to the Authority within 14 days of surrendering it.

Penalty:10 penalty units.

PART 3—PROFESSIONAL INDEMNITY INSURANCE

41Licensee required to insure

(1)A licensee must not carry out any conveyancing work unless the licensee is covered by professional indemnity insurance in accordance with this section.

(2)The insurance required by this section must satisfy the conditions and requirements specified under subsection (3).

(3)The Minister may, by order published in the Government Gazette, specify the required insurance and the conditions and requirements that the insurance is to satisfy, including the minimum level of cover provided.

(4)The insurance, conditions and requirements specified under subsection (3) may vary according to classes of licensees or conveyancing work or other circumstances.

42Disclosure of insurance to clients

A licensee must, before or at the time the licensee is retained by a client, disclose to the client details of the type and level of professional indemnity insurance by which the licensee is covered.

Penalty:60 penalty units.

43Licensee ceases to hold insurance

(1)If a licensee ceases to be covered by the professional indemnity insurance required under section 41—

(a)the licensee must immediately notify the Authority and the Director of that fact; and

(b)the licensee's licence is suspended for the period for which the licensee is not covered by that insurance.

(2)A licensee who fails to notify the Authority and the Director in accordance with subsection (1)(a) when required to do so by that subsection is guilty of an offence and liable to a penalty not exceeding—

(a)in the case of a natural person, 240 penalty units;

(b)in the case of a company, 1200 penalty units.

44Insurer may give notice of cancellation

If an insurer ceases to provide professional indemnity insurance to a licensee, the insurer may notify the Authority and the Director of that fact.

PART 4—CONDUCT AND MANAGEMENT OF CONVEYANCING BUSINESSES

Division 1—Conduct of licensees

45Conduct rules

(1)The regulations may prescribe rules of professional conduct for licensees.

(2)Without limiting their scope, rules of professional conduct may deal with any obligation of a licensee to act fairly, honestly and in the best interests of a client.

46Continuing professional development

The regulations may prescribe requirements in relation to the continuing professional development of licensees.

47Costs disclosure

(1)A licensee must, in accordance with this section, disclose to a client the costs of the conveyancing work that the licensee is to carry out for the client.

Penalty:120 penalty units.

(2)A licensee must give the disclosure referred to in subsection (1)—

(a)before or at the time the licensee is retained by the client; or

(b)if it is not reasonably practicable to make the disclosure at that time, as soon as practicable after being retained by the client.

(3)A disclosure under subsection (1) must contain the following information—

(a)if the amount of the costs is known, that amount;

(b)if the amount of the costs is not known, the basis for their calculation;

(c)the manner in which the client will be invoiced;

(d)the following avenues that are open to the client in the event of a dispute in relation to costs—

(i)making a complaint to the Director under Part 6.2 of the Australian Consumer Law and Fair Trading Act 2012;

(ii)making an application to VCAT under Chapter 7 of the Australian Consumer Law and Fair Trading Act 2012;

(e)any other prescribed information.

(4)A client of a licensee is not required to pay the licensee's costs if—

(a)the licensee does not make a disclosure to the client in accordance with this section; and

(b)section 48 does not apply.

48Exception to requirement for costs disclosure

Disclosure under section 47 is not required to be made—

(a)if, in the circumstances, it would not be reasonable to require that it be made; or

(b)in any circumstances prescribed by the regulations.

49Conflicts of interest

(1)Before or at the time a licensee is retained by a client, the licensee must disclose to the client any actual or potential conflict of interest that the licensee has in relation to any transaction relevant to that client.

Penalty:120 penalty units.

(2)If, while acting for a client, an actual or potential conflict of interest arises in relation to any transaction relevant to the client, the licensee must immediately disclose that conflict of interest to the client.

Penalty:120 penalty units.

(3)A disclosure under subsection (1) or (2) must be in writing and in the prescribed form (if any).

(4)For the purposes of this section, a licensee has a potential conflict of interest in respect of a transaction if the licensee or an associate of the licensee—

(a)is acting, or will act, for more than one party to the transaction; or

(b)is, or will be, a party to the transaction; or

(c)pays or receives, or is to pay or receive, a commission in respect of the transaction.

(5)In this section, commission, in respect of a transaction, means any valuable consideration, whether in monetary form or some other form to which a monetary value may be assigned, received from, or paid to, a person who is not a party to the transaction.

50Licensee not to act as conveyancer and estate agent

(1)A licensee must not carry out any conveyancing work in relation to a particular transaction if the licensee is acting, or is to act, as an estate agent for a party to the transaction.

Penalty:240 penalty units.

(2)A client of a licensee is not required to pay any amount in respect of anything done by the licensee in contravention of subsection (1).

Division 2—Management of conveyancing businesses

51Supervision of conveyancing business

(1)A licensee who carries on a conveyancing business must properly supervise the conduct of the business.

Penalty:For a natural person, 120 penalty units;

For a corporation, 240 penalty units.

(2)Subject to section 52, a licensee who carries on a conveyancing business from more than one place of business must appoint a natural person who is also a licensee to manage the day to day operation of each place of the business.

Penalty:60 penalty units.

(3)If a licensee is appointed to manage the day to day operation of a place of business forming part of a conveyancing business, the licensee must properly supervise the conduct of that part of the conveyancing business carried on at that place.

Penalty:For a natural person, 120 penalty units;

For a corporation, 240 penalty units.

(4)A requirement under this section to properly supervise the conduct of a conveyancing business, or a part of a conveyancing business, includes the following requirements—

(a)a requirement to properly supervise employees engaged in the conveyancing business;

(b)a requirement to take reasonable steps to ensure that employees of the conveyancing business comply with this Act and the regulations, the Sale of Land Act 1962 and any other law relevant to the conduct of the business;

(c)a requirement to establish procedures designed to ensure that the conveyancing business is conducted in accordance with the law and good practice;

(d)a requirement to monitor the conduct of the conveyancing business in a manner that will ensure as far as practicable that the procedures referred to in paragraph (c) are complied with.

(5)The Director may issue and notify to licensees guidelines regarding what constitutes the proper supervision of a conveyancing business.

52Exemption from requirement to appoint manager

(1)On application by a licensee who carries on a conveyancing business from more than one place of business, the Authority may exempt the licensee from the requirement in section 51(2).

(2)In determining an application for an exemption under subsection (1), the Authority must take into account any matters specified for that purpose in the regulations.

(3)An application under subsection (1) must be accompanied by the prescribed fee (if any).

53Offence to procure contravention of section 51

A person involved in the management of a conveyancing business must not—

(a)prevent or hinder another person from complying with a requirement imposed on that person by section 51; or

(b)induce or procure another person to contravene a requirement imposed on that person by section 51.

Penalty:60 penalty units.

54Management of places of business

(1)A licensee who manages the day to day operation of a place of business of a conveyancing business must not act as the manager of any other place of a conveyancing business.

Penalty:60 penalty units.

(2)Subsection (1) does not apply if the Authority has exempted the licensee from the requirement in section 51(2).

55Absence of licensee or manager

(1)In this section, manager means a licensee appointed under section 51(2) to manage a place at which a conveyancing business is carried on.

(2)This section applies if—

(a)a licensee is to be absent from the place at which the licensee carries on the licensee's conveyancing business; or

(b)a manager is to be absent from the place of business that he or she manages—

for a period greater than 7 days during which time the conveyancing business is to continue to operate from the place.

(3)The licensee or the person who appointed the manager (as the case requires) must—

(a)appoint in writing another licensee to manage the place of business during the period of absence; and

(b)notify the Authority in writing of the period of the proposed absence and the name of the appointed manager.

Penalty:60 penalty units.

56Employment of disqualified persons

(1)Subject to subsection (2), a licensee must not employ a disqualified person to undertake conveyancing work in a conveyancing business.

Penalty:60 penalty units.

(2)On application by a licensee or a person seeking employment with a licensee, the Authority may grant an exemption from the requirement of this section.

(3)An application under this section must—

(a)be in the form approved by the Authority; and

(b)contain the information required by the Authority; and

(c)be accompanied by the documents required by the Authority; and

(d)be accompanied by the prescribed fee (if any).

(4)In considering an application under this section, the Authority may—

(a)conduct any inquiries it thinks fit;

(b)require the applicant to provide any further information relating to the application that the Authority thinks fit in the manner required by the Authority;

(c)seek advice and information on the application from any other person or body as the Authority thinks fit.

(5)The Authority may refuse to grant an exemption if the applicant does not provide the further information required, or his or her consent for the Authority to obtain that information, within a reasonable time after the requirement is made.

(6)The Authority may grant an exemption if it is satisfied that it is not contrary to the public interest for it to do so.

(7)Section 32 applies, with any necessary modifications, to an exemption granted under this section as if it were a permission given under Division 7 of Part 2.

Division 3—General

57Principal place of business

A licensee who carries on a conveyancing business in Victoria must at all times maintain a principal place of business in Victoria.

58Record keeping

(1)Subject to subsection (3), this section applies to the records of a conveyancing business that relate to conveyancing work undertaken by the business.

(2)A licensee must store a record to which this section applies for 7 years after the date on which the conveyancing work to which the record relates was undertaken.

Penalty:60 penalty units.

(3)Nothing in this section applies to the trust records kept by a licensee under Part 5.

59Displaying information and licence at places of business

*                *                *                *                *

(3)A licensee must display a copy of the licensee's licence at each place of business at which the licensee undertakes conveyancing work in a conspicuous position that is accessible to members of the public.

Penalty:60 penalty units.

*                *                *                *                *

61Production of licence

A licensee must, on request, produce the licensee's licence to any of the following persons or bodies within 7 days after the request being made—

(a)the Director;

(b)the Authority;

(c)a client of the licensee;

(d)any other person involved in a transaction in relation to which the licensee is undertaking, or is to undertake, conveyancing work.

Penalty:60 penalty units.

PART 5—TRUST MONEY AND TRUST ACCOUNTS

Division 1—Preliminary

62Definitions

(1)In this Part—

*                *                *                *                *

approved ADI means an ADI that has an arrangement with the Secretary under section 91;

approved auditor means a person who is an approved auditor under section 83;

audit period, for a licensee, means the year ending on 30 June or any other date fixed by the Director under subsection (2);

controlled money means money received or held by a licensee in respect of which the licensee has a written direction that is permitted under section 64 to deposit the money in an account (other than a general trust account) over which the licensee has or will have exclusive control;

controlled money account means an account maintained by a licensee with an ADI for the holding of controlled money received by the licensee;

deficiencyin a trust account or trust ledger account includes the non-inclusion or exclusion of the whole or any part of an amount that is required to be included in the account;

deposit record includes a deposit slip or duplicate deposit slip;

electronic funds transfer includes a transfer of money over the Internet but does not include a withdrawal or transfer of money carried out by telephone banking;

general trust account means an account maintained by a licensee with an approved ADI for the holding of trust money received by the licensee, other than controlled money or transit money;

permanent form, in relation to a trust record, means printed or, on request, capable of being printed, in English on paper or other material;

powerincludes authority;

transit money means money received by a licensee subject to instructions to pay or deliver it to a third party, other than an associate of the licensee;

trust account means an account maintained by a licensee with an approved ADI to hold trust money;

trust money means money entrusted to a licensee in the course of or in connection with the carrying out of conveyancing work by the licensee, and includes—

(a)money received by the licensee on account of fees and charges in advance of carrying out the work; and

(b)controlled money received by the licensee; and

(c)transit money received by the licensee; and

(d)money received by the licensee, that is the subject of a power, exercisable by the licensee or an associate of the licensee, to deal with the money for or on behalf of another person;

trust records includes the following documents—

(a)receipts;

(b)cheque butts or cheque requisitions;

(c)records of authorities to withdraw by electronic funds transfer;

(d)deposit records;

(e)ADI statements relating to trust accounts;

(f)trust account receipts and payments cash books;

(g)trust ledger accounts;

(h)records of monthly trial balances;

(i)records of monthly reconciliations;

(j)trust transfer journals;

(k)statements of account as required to be furnished under the regulations;

(l)registers required to be kept under the regulations;

(m)monthly statements required to be kept under the regulations;

(n)files relating to trust transactions or invoices or both;

(o)written directions, authorities or other documents required to be kept under this Act or the regulations;

(p)supporting information required to be kept under the regulations in relation to powers to deal with trust money.

(2)For the purposes of the definition of audit period in subsection (1), the Director may by order in writing served on a licensee fix any date as the date on which an audit period ends for that licensee.

(3)An order under subsection (2) may be made—

(a)on the initiative of the Director or on the application of the relevant licensee; and

(b)subject to any conditions, and with any limitations as to time or circumstances, that the Director considers to be appropriate.

(4)A reference in this Part to a licensee's trust account or trust records includes a reference to an associate's trust account or trust records.

(5)A reference in this Part to a power given to a licensee or an associate of the licensee to deal with money for or on behalf of another person is a reference to a power given to the licensee or associate that is exercisable by—

(a)the licensee alone; or

(b)an associate of the licensee alone (otherwise than in a private and personal capacity); or

(c)the licensee or an associate of the licensee jointly or severally, or jointly and severally, with either or both of the following—

(i)one or more associates of the licensee;

(ii)the person, or one or more nominees of the person, for whom or on whose behalf the money may or is to be dealt with under the power.

63When money is received

(1)For the purposes of this Act, a licensee receives money when—

(a)the licensee obtains possession or control of it directly; or

(b)the licensee obtains possession or control of it indirectly as a result of its delivery to an associate of the licensee; or

(c)the licensee, or an associate of the licensee (otherwise than in a private and personal capacity), is given a power to deal with money for or on behalf of another person.

(2)For the purposes of this Act, a licensee or associate of a licensee is taken to have received trust money if the money is available to the licensee or associate by means of an instrument or other way of authorising an ADI to credit or debit an amount to an account with the ADI, including, for example, an electronic funds transfer, credit card transaction or telegraphic transfer.

64Written direction for controlled money

(1)Subject to the regulations, a person may give a written direction to a licensee to deposit money received by the licensee on behalf of the person in an account (other than a general trust account) over which the licensee has or will have exclusive control.

(2)The regulations may prescribe the circumstances in which a direction can or cannot be made under this section.

(3)Without limiting subsection (2), the regulations may prescribe the circumstances in which a direction can or cannot be made under this section by reference to—

(a)the amount of money that may be the subject of a direction;

(b)the type of transaction in respect of which the money is received or held by the licensee;

(c)the length of time for which the money is to be deposited.

65Former licensees and associates

This Part applies in relation to former licensees and former associates of licensees in relation to conduct occurring while they were respectively licensees or associates, in the same way as it applies to licensees and associates, and so applies with any necessary modifications.

Division 2—Trust accounts and trust money

66Maintenance of general trust account

(1)A licensee who receives trust money to which this Part applies must maintain a general trust account in Victoria.

Penalty:120 penalty units.

(2)A licensee who is required to maintain a general trust account must establish and maintain the account in accordance with the regulations.

Penalty:60 penalty units.

(3)Subsection (1) does not apply to a licensee in respect of any period during which the licensee receives only either or both of the following—

(a)controlled money; or

(b)transit money received in a form other than cash.

(4)Subject to any requirements of the regulations, a requirement of this section for a licensee to maintain, or establish and maintain, a general trust account does not prevent the licensee from maintaining, or establishing and maintaining, more than one general trust account, whether during the same period or during different periods.

(5)Without limiting the other provisions of this section, the regulations may provide that a licensee must not close a general trust account except as permitted by the regulations, either generally or in any prescribed circumstances.

67Trust account details to be notified to Director

(1)Within 14 days after establishing a trust account, a licensee must notify the Director of the number of the account and the name and address of the branch of the ADI at which the account is maintained.

Penalty:60 penalty units.

(2)A licensee must notify the Director of any changes to the information notified to the Director under subsection (1) within 14 days after becoming aware of the change.

Penalty:60 penalty units.

(3)Within 14 days after closing a trust account, a licensee must notify the Director of the closure.

Penalty:60 penalty units.

68Certain trust money to be deposited in general trust account

(1)Subject to section 74, as soon as practicable after receiving trust money, a licensee must deposit the money in a general trust account of the licensee unless—

(a)the licensee has a written direction by an appropriate person to deal with it otherwise than by depositing it in the account; or

(b)the money is controlled money and the licensee is permitted to deposit it in a controlled money account; or

(c)the money is transit money; or

(d)the money is the subject of a power given to the licensee or an associate of the licensee to deal with the money for or on behalf of another person.

Penalty:120 penalty units.

(2)Subject to section 74, a licensee who has received money that is the subject of a written direction mentioned in subsection (1)(a) must deal with the money in accordance with the direction—

(a)within the period (if any) specified in the direction; or

(b)subject to paragraph (a), as soon as practicable after it is received.

Penalty:120 penalty units.

(3)A licensee must keep a written direction mentioned in subsection (1)(a) for the period prescribed by the regulations.

Penalty:60 penalty units.

(4)In this section, appropriate person means a person legally entitled to give the licensee directions in respect of dealings with the trust money.

69Holding, disbursing and accounting for trust money

(1)A licensee must—

(a)hold trust money deposited in a general trust account of the licensee exclusively for the person on whose behalf it is received; and

(b)disburse the trust money only in accordance with a direction given by the person.

Penalty:120 penalty units.

(2)Subsection (1) applies subject to an order of a court of competent jurisdiction or as authorised by law.

(3)A licensee must account for the trust money as required by the regulations.

Penalty:60 penalty units.

70Manner of withdrawal of trust money from general trust account

(1)A licensee must not withdraw trust money from a general trust account otherwise than by cheque or electronic funds transfer.

Penalty:120 penalty units.

(1A)Without limiting subsection (1), the following are specifically prohibited—

(a)cash withdrawals;

(b)automatic teller machine withdrawals or transfers;

(c)telephone banking withdrawals or transfers.

(2)The regulations may make provision for or with respect to withdrawals by cheque or electronic funds transfer.

(3)This section has effect despite anything to the contrary in any directions given to the licensee, even if the directions are given by a person who is otherwise legally entitled to give the licensee directions in respect of dealings with trust money.

71Controlled money

(1)As soon as practicable after receiving controlled money, a licensee must deposit the money in the account specified in the written direction relating to the money.

Penalty:120 penalty units.

(2)The licensee must hold controlled money deposited in a controlled money account in accordance with subsection (1) exclusively for the person on whose behalf it was received.

Penalty:120 penalty units.

(3)A licensee that holds controlled money deposited in a controlled money account in accordance with subsection (1) must not disburse the money except in accordance with—

(a)the written direction mentioned in that subsection; or

(b)a later written direction given by or on behalf of the person on whose behalf the money was received.

Penalty:120 penalty units.

(4)The licensee must maintain the controlled money account, and account for the controlled money, as required by the regulations.

Penalty:60 penalty units.

(5)The licensee must keep a written direction mentioned in this section for the period prescribed by the regulations.

Penalty:60 penalty units.

(6)The licensee must ensure that the controlled money account is used for the deposit of controlled money received on behalf of the person referred to in subsection (2), and not for the deposit of controlled money received on behalf of any other person, except to the extent that the regulations otherwise permit.

Penalty:120 penalty units.

(7)Subsection (3) applies subject to an order of a court of competent jurisdiction or as authorised by law.

72Manner of withdrawal of controlled money from controlled money account

(l)if the licensee employs one or more other licensees, the name and date of commencement of employment of each of those other licensees;

(m)details of any other prescribed matter.

(3)The Authority must also record the following information in the Register—

(a)details of each application for a licence within the last 2 years in respect of which the Authority refused to grant a licence;

(b)details of any other prescribed matter.

(3A)The Authority must record in the Register a determination made under this Act.

(4)A person may—

(a)search and take a copy of an extract from, or a copy of, the Register; and

(b)on the payment of the relevant prescribed fee, obtain a certified extract from, or a certified copy of, the Register.

(5)Subject to the Public Records Act 1973, the Registrar may remove information from the Register if—

(a)the information has been on the Register for at least 12 years; and

(b)in the opinion of the Registrar, it is no longer necessary for the information to remain on the Register.

(6)Subject to section 17A of the Business Licensing Authority Act 1998, the Authority may keep the Register in any form that it thinks fit.

179Production of information to Authority

(1)The Authority may require a licensee to answer any question or provide information relating to the licensee's conveyancing business that the Authority reasonably requires to carry out its functions in relation to that licensee.

(2)A licensee must not refuse or fail, without reasonable excuse, to comply with a requirement made by the Authority under this section.

Penalty:60 penalty units.

180Verification of details supplied to Authority

The Authority may specify how any information supplied to it under this Act is to be verified, and without limiting the scope of this power, may require that the information be supplied in the form of, or be verified by, a statutory declaration.

181Offence to give false or misleading information

A person must not—

(a)give information to the Authority or the Registrar under this Act that the person believes to be false or misleading in a material particular; or

(b)produce a document to the Authority or the Registrar under this Act that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.

Penalty:60 penalty units.

182Delegation

(1)The Secretary, by instrument, may delegate any of the Secretary's functions or powers under this Act, other than this power of delegation, to the Director.

(2)The Director, by instrument, may delegate any of the Director's functions or powers under this Act, other than this power of delegation, to either or both of the following—

(a)a person engaged or appointed under section 7(2) or 15 of the Business Licensing Authority Act 1998;

(b)a person or class of person employed under Part 3 of the Public Administration Act 2004 in the administration of this Act.

182ARegistrar may waive fees

(1)The Registrar may, in a particular case or class of case—

(a)waive or reduce fees that would otherwise be payable under this Act; or

(b)refund, in whole or in part, fees paid under this Act.

(2)A refund under subsection (1)(b) is to be paid out of the Fund.

PART 10—GENERAL

183Application of Australian Consumer Law and Fair Trading Act 2012

(1)Sections 152, 172, 173, 176 and 178 of the Australian Consumer Law and Fair Trading Act 2012 apply (with any necessary modifications) in relation to the exercise or attempted exercise of a power of an inspector under Part 8 as if any reference in those sections to Part 6.4 of that Act were a reference to Part 8.

(2)Sections 195 and 196 and Part 8.2 (except section 213) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act.

(3)For the purposes of subsection (2)—

(a)section 210 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to Part 3.1 or Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act;

(b)section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to—

(i)proceedings for an offence against a provision of this Act; or

(ii)proceedings on an application for an injunction under section 201, 202, 203, 205 or 206 of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (2)) against a person alleged to have contravened a provision of this Act; or

(iii)proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (2)).

(4)In this section—

this Act includes the regulations.

184Service of documents

(1)This section applies subject to section 162.

(2)For the purposes of this Act and the regulations, a document may be served on a licensee who is a natural person by—

(a)giving it to the licensee personally; or

(b)leaving it at the licensee's place of residence with someone who apparently resides there and is apparently over 16 years of age; or

(c)leaving it at the licensee's principal place of business with someone who is apparently employed there and over 16 years of age; or

(d)posting it in a letter addressed to the licensee at the address last known to the Director of the licensee's place of residence or principal place of business.

(3)For the purposes of this Act and the regulations, a document may be served on a licensee that is a company by—

(a)giving it to a director or a secretary of the company, or to any other person concerned in the management of the company personally; or

(b)leaving it at the registered office or principal place of business of the company with someone who is apparently employed there and over 16 years of age; or

(c)posting it in a letter addressed to the company at the address last known to the Director of the company's registered office or principal place of business.

185Who may bring proceedings?

(1)Proceedings for an offence against this Act or the regulations may only be brought by—

(a)the Director; or

(b)a person authorised by the Director for the purposes of this section.

(2)In proceedings for an offence against this Act it must be presumed, in the absence of evidence to the contrary, that the person bringing the proceedings was authorised to bring the proceedings.

186Extension of time for prosecutions

Despite anything to the contrary in any Act, a proceeding for an offence against this Act may be commenced within 3 years after the date on which the offence is alleged to have been committed.

187Application for review

(1)A person whose interests are affected by a decision of the Authority under this Act may apply to VCAT for review of the decision.

(2)An application for review must be made within 28 days after the later of—

(a)the day on which the decision is made; or

(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

188Regulations

(1)The Governor in Council may make regulations for or with respect to any matter or thing that is required or permitted to be prescribed or that is necessary to give effect to this Act.

(2)Without limiting the generality of subsection (1), the Governor in Council may make regulations for or with respect to—

(a)the establishment and maintenance of trust accounts; and

(ab)prescribing continuing professional development requirements for licensees; and

(ac)prescribing records to be kept by licensees of continuing professional development activities undertaken for the purposes of this Act; and

(b)prescribing fees under this Act; and

(c)prescribing infringement offences and infringement penalties for the purposes of section 175; and

(d)prescribing penalties for contraventions of the regulations, not exceeding—

(i)20 penalty units in the case of a natural person; and

(ii)120 penalty units in the case of a body corporate.

(3)A power conferred by this Act to make regulations may be exercised—

(a)either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and

(b)so as to make, as respects the cases in relation to which the power is exercised—

(i)the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or

(ii)any such provision either unconditionally or subject to any specified condition.

(4)Regulations under this Act may be made—

(a)so as to apply at all times or at a specified time; and

(b)so as to require matters affected by the regulations to be—

(i)in accordance with specified standards or specified requirements; or

(ii)approved by or to the satisfaction of specified persons or bodies or specified classes of persons or bodies; or

(iii)as specified in both subparagraphs (i) and (ii); and

(c)so as to apply, adopt or incorporate any matter contained in any document, whether—

(i)wholly or partially or as amended by the regulations; or

(ii)as in force at a particular time or as in force from time to time; and

(d)so as to confer a discretionary authority or impose a duty on specified persons or bodies or specified classes of persons or bodies; and

(e)so as to provide in specified cases or classes of case for the exemption of persons or things or classes of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.

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PART 11—REPEALS, AMENDMENTS, SAVINGS AND TRANSITIONAL PROVISIONS

*                *                *                *                *

191Savings and transitional provisions

Schedule 1 contains savings and transitional provisions.

192Transitional regulations—Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025

(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of Part 5 of the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025, including any repeals and amendments made as a result of the enactment of that Part.

(2)Regulations made under this section may—

(a)have a retrospective effect to a day that is not before the day on which the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025 receives the Royal Assent; and

(b)be of limited or general application; and

(c)differ according to time, place or circumstance; and

(d)leave any matter or thing to be decided by a specified person or class of person.

(3)Regulations under this section have effect despite anything to the contrary in any Act (other than Part 5 of the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025 or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

(4)This section is repealed on the second anniversary of its commencement.

SCHEDULES

SCHEDULE 1—SAVINGS AND TRANSITIONAL PROVISIONS

Section 191

Part 1—Preliminary

1Definitions

In this Schedule—

application period means the period ending 3 months after the commencement day or such longer period as is prescribed;

commencement day means the day on which section 8 of this Act comes into operation;

conveyancer and conveyancing work have the same meanings respectively as in section 7.1.1 of the Legal Profession Act 2004 as in force before the commencement day;

determination period, in relation to an application for a full licence or a provisional licence, means the period beginning on the day on which the application is received by the Authority and ending when the application is finally determined;

full licence means a licence granted under this Act, other than a provisional licence;

provisional licence means a provisional licence granted in accordance with Division 3 of Part 2 of this Schedule.

2General transitional provisions

(1)Except where the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984.

(2)Without limiting subclause (1), nothing in Part 2 of this Schedule limits the operation of section 13 of the Interpretation of Legislation Act 1984.

(3)If a provision of the Legal Profession Act 2004 continues to apply by force of this Schedule, the following provisions also continue to apply in relation to the provision—

(a)any other provisions of the Legal Profession Act 2004 necessary to give effect to that continued provision;

(b)any regulation made under the Legal Profession Act 2004 for the purposes of that continued provision.

3Savings and transitional regulations

(1)The regulations may contain provisions of a savings and transitional nature consequent on the enactment of this Act and the repeal of Part 7.1 of the Legal Profession Act 2004.

(2)Regulations under this clause may have retrospective effect to a day on or after the day on which this Act receives Royal Assent.

(3)Regulations under this clause have effect despite anything to the contrary in any Act (other than this Act) or in any subordinate instrument.

Part 2—Licences for existing conveyancers

Division 1—Application of Act

4Application of Act during application period

(1)This Act does not apply during the application period to or in respect of a person who, immediately before the commencement day, carried on business as a conveyancer.

(2)Despite its repeal, Part 7.1 of the Legal Profession Act 2004 continues to apply during the application period to a person who, immediately before the commencement day, carried on business as a conveyancer.

Division 2—Full licences

5Application of Act during determination period

(1)This Act (except Part 1, Divisions 2, 3, 4 and 5 of Part 2 and sections 179, 180, 181, 184 and 187) does not apply during the determination period to or in respect of the conveyancing business of a person who—

(a)has applied under Part 2 of this Act for a full licence before the end of the application period; and

(b)immediately before the commencement day carried on business as a conveyancer.

(2)Despite its repeal, Part 7.1 of the Legal Profession Act 2004 continues to apply during the determination period to a person who has made an application in accordance with subclause (1).

Division 3—Provisional licence

6Existing conveyancer may apply to Authority for provisional licence

(1)A natural person may apply to the Authority for a provisional licence at any time before the end of the application period if the person—

(a)has at least 12 months' full-time, or equivalent part-time, experience—

(i)in working as a conveyancer; or

(ii)in carrying out conveyancing work in the course of employment with a conveyancer or with an Australian legal practitioner or an incorporated legal practice; and

(b)carried on business as a conveyancer before the commencement day.

(2)Despite clause 4(1), this Act applies to an application for a provisional licence and the determination of that application, and so applies—

(a)as if the application were an application for a full licence; and

(b)as if any reference to the competency qualifications and work experience required under section 12 of this Act were a reference to the experience referred to in subclause (1)(a).

7Application of Act during determination period

(1)Except as provided in clause 6(2), this Act does not apply during the determination period to or in respect of the conveyancing business of an applicant for a provisional licence.

(2)Despite its repeal, Part 7.1 of the Legal Profession Act 2004 continues to apply during the determination period to an applicant for a provisional licence.

8Authority may grant provisional licence

(1)The Authority may grant a provisional licence to an applicant if the Authority is satisfied that the applicant—

(a)has the experience referred to in clause 6(1)(a); and

(b)immediately before the commencement day, carried on business as a conveyancer; and

(c)is otherwise eligible to be granted a full licence.

(2)Despite subclause (1)(b), the Authority may grant a provisional licence to an applicant who did not, immediately before the commencement day, carry on business as a conveyancer if the Authority is satisfied that the applicant—

(a)carried on business as a conveyancer at some time before the commencement day; and

(b)did not carry on that business immediately before the commencement day because of the applicant's pregnancy or status as a parent or carer or because of an impairment; and

(c)otherwise satisfies the criteria set out in subclause (1).

(3)A provisional licence expires 5 years after the day it is granted.

(4)The Authority must ensure that a provisional licence bears the words "Provisional Licence".

(5)Subject to this Schedule, this Act applies to the granting and effect of a provisional licence as if it were a full licence.

(6)In this clause, carer, impairment and parent have the same meanings respectively as they have in the Equal Opportunity Act 1995.

9Condition on provisional licence

(1)Subject to this clause, the power of the Authority under section 23 of this Act to impose conditions on a full licence applies to a provisional licence.

(2)A provisional licence is subject to the condition that the conveyancing work carried out by the licensee is limited to conveyancing work within the meaning of section 7.1.1 of the Legal Profession Act 2004.

(3)If the Authority considers it appropriate to do so, the Authority may impose a condition on a provisional licence prohibiting the licensee from carrying out a specified class, or specified classes, of conveyancing work within the meaning of section 7.1.1 of the Legal Profession Act 2004.

10Notices and letterhead

Sections 59 and 60 of this Act apply to a holder of a provisional licence as if a reference in those sections to a licence were a reference to a provisional licence.

11Provisional licence is cancelled on granting of full licence

Without limiting the operation of any other provision of this Act relating to the cancellation of licences, a provisional licence is cancelled on the grant of a full licence to the licensee.

11ARestrictions on company licence

(1)The licence of a company that does not have at least one director who is a full licensee but has at least one director who is a provisional licensee is subject to the condition that the conveyancing work carried out by the licensee is limited to conveyancing work within the meaning of section 7.1.1 of the Legal Profession Act 2004.

(2)If a licensee that is a company ceases to have at least one director who is a full licensee but has at least one director who is a provisional licensee, the company must immediately notify the Authority of those facts.

Penalty:1200 penalty units.

(3)The Authority—

(a)must ensure that the licence of a company referred to in subclause (1) is endorsed with the condition set out in that subclause;

(b)must remove the endorsement on being satisfied that the company again has at least one director who is a full licensee;

(c)may require the licensee to give the licence to the Authority for the purpose specified in paragraph (a) or (b).

(4)The licensee must comply with a requirement of the Authority under subclause (3) within the time specified by the Authority.

Penalty:10 penalty units.

Part 3—Legal Profession Act 2004

12Authorisations under section 7.1.3 of the Legal Profession Act 2004

(1)An authorisation that was in force under section 7.1.3(1) of the Legal Profession Act 2004 immediately before the commencement day or that is granted on an appeal referred to in clause 13 in relation to a person who is an insolvent under administration has effect under this Act as if it were an exemption under section 56.

(2)Any other authorisation that was in force under section 7.1.3(1) of the Legal Profession Act 2004 immediately before the commencement day or that is granted on an appeal referred to in clause 13 has effect under this Act according to its tenor as if it were a permission under Division 7 of Part 2.

13Appeals under section 7.1.3 of the Legal Profession Act 2004

(1)This clause applies to an appeal under section 7.1.3(2) of the Legal Profession Act 2004 if—

(a)the appeal was made before the commencement day; and

(b)the Supreme Court—

(i)had not heard the matter; or

(ii)had heard the matter (either in part or in full) but had not handed down its decision on the matter—

before that day.

(2)On and after the commencement day, the Supreme Court is to continue to deal with the appeal as if Part 7.1 of the Legal Profession Act 2004 had not been repealed by this Act.

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═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 10 August 2006

Legislative Council: 14 September 2006

The long title for the Bill for this Act was "to regulate the carrying out of conveyancing work, to repeal Part 7.1 of the Legal Profession Act 2004, to make consequential amendments to other Acts and for other purposes."

The Conveyancers Act 2006 was assented to on 10 October 2006 came into operation on 1 July 2008: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Conveyancers Act 2006 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Legal Profession Amendment Act 2007, No. 12/2007

Assent Date:	8.5.07
Commencement Date:	S. 80 on 9.5.07: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Conveyancers Act 2006

Fair Trading and Consumer Acts Amendment Act 2007, No. 17/2007

Assent Date:	29.5.07
Commencement Date:	Ss 14–33 on 1.7.08: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Conveyancers Act 2006

Relationships Act 2008, No. 12/2008

Assent Date:	15.4.08
Commencement Date:	S. 73(1)(Sch. 1 item 9) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Conveyancers Act 2006

Fundraising Appeals and Consumer Acts Amendment Act 2009, No. 2/2009

Assent Date:	10.2.09
Commencement Date:	S. 25 on 11.2.09: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Conveyancers Act 2006

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 28) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Conveyancers Act 2006

Consumer Affairs Legislation Amendment Act 2010, No. 1/2010

Assent Date:	9.2.10
Commencement Date:	Ss 3, 88 on 1.8.10: Government Gazette 22.7.10 p. 1628
CurrentState:	This information relates only to the provision/s amending the Conveyancers Act 2006

Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010

Assent Date:	28.9.10
Commencement Date:	Ss 51–54, 56 on 1.11.10: Government Gazette 14.10.10 p. 2404; s. 55 on 1.4.11: Special Gazette (No. 63) 1.3.11 p. 1
CurrentState:	This information relates only to the provision/s amending the Conveyancers Act 2006

Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010

Assent Date:	19.10.10
Commencement Date:	S. 48(Sch. item 6) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1
Current State:	This information relates only to the provision/s amending the Conveyancers Act 2006

Consumer Acts Amendment Act 2011, No. 36/2011

Assent Date:	23.8.11
Commencement Date:	Ss 20, 21 on 24.8.11: s. 2(1); s. 19 on 1.7.12: s. 2(2)
Current State:	This information relates only to the provision/s amending the Conveyancers Act 2006

Australian Consumer Law and Fair Trading Act 2012, No. 21/2012

Assent Date:	8.5.12
Commencement Date:	S. 239(Sch. 6 item 10) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Conveyancers Act 2006

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 18) on 1.7.15: Special Gazette (No. 15) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Conveyancers Act 2006

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 29) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Conveyancers Act 2006

Veterans and Other Acts Amendment Act 2015, No. 12/2015

Assent Date:	21.4.15
Commencement Date:	S. 21(Sch. 1 item 2) on 22.4.15: s. 2(1)
Current State:	This information relates only to the provision/s amending the Conveyancers Act 2006

Consumer Acts Amendment Act 2017, No. 13/2017

Assent Date:	10.5.17
Commencement Date:	Ss 16, 17 on 11.5.17: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Conveyancers Act 2006

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 28) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Conveyancers Act 2006

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 8) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Conveyancers Act 2006

Consumer and Other Acts Miscellaneous Amendments Act 2021, No. 1/2021

Assent Date:	9.2.21
Commencement Date:	Ss 134–136 on 10.3.21: Special Gazette (No. 110) 10.3.21 p. 1
Current State:	This information relates only to the provision/s amending the Conveyancers Act 2006

Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025, No. 6/2025

Assent Date:	18.3.25
Commencement Date:	Ss 115, 116 on 25.11.25: s. 2(2)
Current State:	This information relates only to the provision/s amending the Conveyancers Act 2006

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3   Explanatory details

No entries at date of publication.